Debt transfers, creditors, debt amounts...

The creditor only provides the debt to the debtor.

The creditor in this news is Chongqing Yucheng Industrial **** (the enterprise appears in the form of a legal person), which provided a debt amount of 1,414 yuan to the debtor Renfeng Nonghua (here it is also a corporate legal person).

If the current debtor undergoes the restructuring of a state-owned enterprise and the replacement of assets, the creditor has the right to doubt whether the change will affect the debtor's ability to repay debts in the future, and therefore may express its opinion whether it agrees or disagrees.

This opinion has an impact on whether the debtor can successfully implement the restructuring.

Minfeng Agrochemical owes Chongqing Yucheng Industrial **** a debt of 1,414 yuan;

Now Minfeng Agrochemical needs to carry out the restructuring of state-owned enterprises and asset replacement, to put it bluntly, it is to carry out the division, the useful assets are classified into the new company that needs to focus on the development, and the non-performing assets are thrown off.

Debt transfer, also known as "debt assumption". It refers to the transfer of debts between different entities. The transfer of debt must not only be agreed upon by the original debtor and the new debtor, but must also be agreed to by the original creditors.

Because the change of the debtor has a great bearing on the creditor, the creditworthiness and performance ability of the new debtor are directly related to whether the creditor's rights can be realized. If the creditor does not agree, the assignment of the debt cannot be valid. The creditor must have a valid reason for not agreeing to the transfer of the debt, otherwise the transfer of the debt cannot be arbitrarily refused.

When the debt is transferred, the subordinate rights do not transfer with it.

Legal Analysis: The transfer of claims and debts is very common in economic activities. The creditor may transfer the debt to a third party after notifying the debtor, and similarly, the debtor may, with the consent of the creditor, transfer the debt to the third party, who will be responsible for paying off the debt.

Legal basis: Article 546 of the Civil Code of the People's Republic of China Where a creditor assigns a creditor's right without notifying the debtor, the assignment shall not be effective against the debtor.

The notice of assignment of claims may not be revoked, except with the consent of the assignee.

The so-called transfer of contractual obligations refers to the phenomenon that the debtor transfers the debt to a third party based on the agreement of the parties or legal regulations, and the third party replaces the debtor's position as the new debtor and performs the debt to the creditor. The system of transfer of contractual obligations stipulated in this article is a system of transfer of debts agreed upon by the parties, which has the following legal characteristics:

1) Debts are transferable, and debts that must be performed by the parties themselves cannot be transferred.

2) If it is agreed that the creditor's consent shall be a necessary condition for the transfer of debts.

3) A new contractual relationship is generated, and the contractual relationship before the transfer is extinguished, and the contractual relationship after the transfer is generated.

4) The subject of the contract has been changed, and the third party becomes a party to the contract.

Legal Analysis:1The assignment of personal debts must be agreed to by creditors;

2.Stupidity must be contracted to be buried.

Legal basis: Article 550 of the Civil Code of the People's Republic of China If the debtor transfers all or part of the debt to a third party, it shall be subject to the consent of the creditor.

The debtor or the third party may urge the creditor to agree within a reasonable period of time, and if the creditor does not express it, it shall be deemed to have disagreed.

If the debtor transfers all or part of the obligations of the contract to a third party, it shall obtain the consent of the creditor. 2.The general transfer of claims and debts refers to the transfer of all or a specific claim or debt to the assignee, not just the transfer of rights or obligations.

The general transfer of creditor's rights and debts can be the transfer of all claims and debts, or the transfer of part of the debts and debts.

Legal basis: Article 555 of the Civil Code of the People's Republic of China One party may, with the consent of the other party, transfer its rights and obligations in the contract to a third party.

Legal Analysis: The debtor can transfer the debt. However, it can only be enforced with the consent of creditors; If the creditor does not indicate it, it is unenforceable.

Legal basis: Civil Code of the People's Republic of China

Article 551 Where the debtor transfers all or part of the debt to a third party, the consent of the creditor shall be obtained. The debtor or a third party may urge the creditor to agree within a reasonable period of repentance, and if the creditor fails to express it, it shall be deemed to have disagreed with the crude lead.

Article 553:Where the debtor transfers debts, the new debtor may assert the original debtor's defense against the creditor; If the original debtor has a creditor's right against the creditor, the new debtor may not claim set-off against the creditor.

Article 554:Where the debtor transfers debts, the new debtor shall bear the subordinate debts related to the principal debts, except that the subordinate debts belong exclusively to the original debtor itself.